In this paper we show that being blameworthy for not blaming and being blameworthy for victim blaming are structurally similar. Each involve the two traditional contours of moral responsibility: a knowledge condition and a control condition. But interestingly, in these cases knowledge and control are importantly interrelated. Being in a relationship with another person affords us varying degrees of knowledge about them. This knowledge in turn affords agents in relationships varying degrees of influence over one another. Cases where an agent (...) is especially blameworthy for failing to blame a friend, a close colleague, or a spouse highlight this. The interdependence of these two conditions in interpersonal relationships sheds (partial) light on why victim blaming is morally wrong. We argue that victim blamers suffer from a kind of moral myopia by only focusing on what the victim could do, in virtue of their being in a relationship of some sort with their abuser, to avoid abuse. We focus specifically on cases where such moral myopia is fueled by misogynistic and hierarchical gender schema and scripts. (shrink)

Sometimes neuroscientists discover distinct realizations for a single psychological property. In considering such cases, some philosophers have maintained that scientists will abandon the single multiply realized psychological property in favor of one or more uniquely realized psychological properties. In this paper, we build on the Dimensioned theory of realization and a companion theory of multiple realization to argue that this is not the case. Whether scientists postulate unique realizations or multiple realizations is not determined by the neuroscience alone, but by (...) the psychological theory under examination. Thus, one might say that, in the splitting or non-splitting of properties, psychology enjoys a kind of autonomy from neuroscience. (shrink)

Grief is, and has always been, technologically supported. From memorials and shrines to photos and saved voicemail messages, we engage with the dead through the technologies available to us. As our technologies evolve, so does how we grieve. In this paper, we consider the role chatbots might play in our grieving practices. Influenced by recent phenomenological work, we begin by thinking about the character of grief. Next, we consider work on developing “continuing bonds” with the dead. We argue that for (...) some, chatbots may play an important role in establishing these continuing bonds by helping us develop what we term “habits of intimacy”. We then turn to the “ick factor” some may feel about this prospect, focusing especially on ethical concerns raised by Patrick Stokes and Adam Buben about the risk of replacing our dead with chatbots. We argue that replacement worries are not as pressing as Stokes and Buben suggest. We resist these replacement worries by appealing to the “thin reciprocity”, as we refer to it, that such bots offer, as well as the fictionalist stance that we think users of the bots adopt when engaging with them. We conclude by briefly raising some additional concerns and highlighting future research questions. (shrink)

Philosophical work exploring the relation between cognition and the Internet is now an active area of research. Some adopt an externalist framework, arguing that the Internet should be seen as environmental scaffolding that drives and shapes cognition. However, despite growing interest in this topic, little attention has been paid to how the Internet influences our affective life — our moods, emotions, and our ability to regulate these and other feeling states. We argue that the Internet scaffolds not only cognition but (...) also affect. Using various case studies, we consider some ways that we are increasingly dependent on our Internet-enabled “techno-social niches” to regulate the contours of our own affective life and participate in the affective lives of others. We argue further that, unlike many of the other environmental resources we use to regulate affect, the Internet has distinct properties that introduce new dimensions of complexity to these regulative processes. First, it is radically social in a way many of these other resources are not. Second, it is a radically distributed and decentralized resource; no one individual or agent is responsible for the Internet’s content or its affective impact on users. Accordingly, while the Internet can profoundly augment and enrich our affective life and deepen our connection with others, there is also a distinctive kind of affective precarity built into our online endeavors as well. (shrink)

Some New Mechanists have proposed that claims of compositional relations are justified by combining the results of top-down and bottom-up interlevel interventions. But what do scientists do when they can perform, say, a cellular intervention, but not a subcellular detection? In such cases, paired interlevel interventions are unavailable. We propose that scientists use abduction and we illustrate its use through a case study of the ionic theory of resting and action potentials.

I argue for three conclusions. First, responsibility skeptics are committed to the position that the criminal justice system should adopt a universal nonresponsibility excuse. Second, a universal nonresponsibility excuse would diminish some of our most deeply held values, further dehumanize criminals, exacerbate mass incarceration, and cause an even greater number of innocent people (nonwrongdoers) to be punished. Third, while Saul Smilansky's ‘illusionist’ response to responsibility skeptics – that even if responsibility skepticism is correct, society should maintain a responsibility‐realist/retributivist criminal justice (...) system – is generally compelling, it would not work if a majority of society were to convert, theoretically and psychologically, to responsibility skepticism. In this (highly improbable) scenario, and only in this (highly improbable) scenario, the criminal justice system would need to be reformed in such a way that it aligned with the majority's responsibility‐skeptical beliefs and attitudes. (shrink)

Affordances are action-possibilities, ways of relating to and acting on things in our world. They help us understand how these things mean what they do and how we have bodily access to our world more generally. But what happens when this access is ruptured or impeded? I consider this question in the context of psychopathology and reports that describe this experience. I argue that thinking about the bodily consequences of losing access to everyday affordances can help us better understand these (...) reports. An affordance-based approach to psychopathology can illuminate some of the causes, as well as the experiential character and consequences, of affective disorders and diminished spatial agency in self-world disturbances. It also highlights some under-explored ethical and political dimensions of these issues that need further attention. (shrink)

There is growing philosophical interest in “affective injustice”: injustice faced by individuals specifically in their capacity as affective beings. Current debates tend to focus on affective injustice at the psychological level. In this paper, I argue that the built environment can be a vehicle for affective injustice — specifically, what Wildman et al. (2022) term “affective powerlessness”. I use resources from ecological psychology to develop this claim. I consider two cases where certain kinds of bodies are, either intentionally or unintentionally, (...) deprived of access to goods affording the development and maintenance of their subjective well-being: hostile architecture and masking practices in autism. This deprivation, I argue further, leads to a significant weakening and diminishment of their spatial agency, hinders their well-being, and in so doing gives rise to a pervasive experience of affective powerlessness. By drawing attention to these themes, I show that an ecological approach helpfully supplements existing approaches. It highlights how affective injustice can emerge via the way bodies are positioned in space, and the central role that built environments play in determining this positioning. (shrink)

I use critical phenomenological resources in Tetsurō Watsuji and Sarah Ahmed to explore the spatial origin of some social impairments in Autistic Spectrum Disorder (ASD). I argue that a critical phenomenological perspective puts pressure on the idea that social impairments in ASD are exclusively (or even primarily) neurocognitive deficits that can be addressed by focusing on cognitive factors internal to the autistic person — for example, training them to adopt a more neurotypical approach to social cognition. Instead, I argue that (...) the structure and character of some neurotypical spaces may play a regulative role in shaping aspects of at least some of the social impairments autistic people exhibit when they inhabit these spaces. I also briefly consider some possible therapeutic applications of this critical phenomenological approach. (shrink)

This paper introduces the philosophy of Grace Andrus de Laguna in order to renew interest in it. I show that, in the 1910s and 1920s, she develops ideas and arguments that are also found playing key roles in the development of analytic philosophy decades later. Further, I describe her sympathetic, but acute, criticism of pragmatism and Heideggerian ontology, and situate her work in the tradition of American, speculative philosophy. Before 1920, we will see, de Laguna appeals to multiple realizability to (...) undermine reductionism in science, to support perspectival, scientific realism and, with help from a private language argument, to favour the view that mental states are classified by behavioural, teleological roles over what came to be called ‘type physicalism’. Her view of speech, mostly developed in the 1920s, tells us that its primary role is coordinating group behaviour rather than expressing thoughts. Belief is understood in terms of its causal role, including its causal relations to other kinds of mental states, when coordinating group behaviour. Thought is similarly understood. In developing her theory of mind, de Laguna rejects the pragmatist claims that belief can be reduced to dispositions to behaviour and that thought’s function is to address specific, rather than general, problems. She also favours meaning holism and rejects the analytic–synthetic distinction. In later work, de Laguna argues that individuals’ activity of self-maintenance brings universals, conceived of as irreducible potentialities, into being and makes them increasingly determinate. Further, she identifies the existence of all individuals with forms of self-maintenance and takes the existence of people to include maintenance of the cultural world. Such a unified treatment of existence, she holds, permits making its evolution intelligible. Heidegger’s view of being is rejected for not permitting this. All de Laguna’s work, we will see, fits a vision of philosophy as the systematic, imaginative and naturalistic examination of being as well as a source of criticism of science. (shrink)

Loneliness is a near-universal experience. It is particularly common for individuals with (so-called) psychopathological conditions or disorders. In this paper, we explore the experiential character of loneliness, with a specific emphasis on how social goods are experienced as absent in ways that involve a diminished sense of agency and recognition. We explore the role and experience of loneliness in three case studies: depression, anorexia nervosa, and autism. We demonstrate that even though experiences of loneliness might be common to many psychopathologies, (...) these experiences nevertheless have distinctive profiles. Specifically, we suggest that: (i) loneliness is often a core characteristic of depressive experience; (ii) loneliness can drive, and even cement, disordered eating practices and anorectic identity in anorexia nervosa; iii) loneliness is neither a core characteristic of autism nor a driver but is rather commonly experienced as stemming from social worlds, environments, and norms that fail to accommodate autistic bodies and their distinctive forms of life. We aim to do justice to the pervasiveness of loneliness in many — if not all — psychopathologies, while also highlighting the need to attend to psychopathology-specific experiences of loneliness, agency, and (non-)recognition. (shrink)

Over the last 25 years, there has been a concerted effort to settle questions about multiple realization by bringing detailed scientific evidence to bear. Ken Aizawa and Carl Gillett have pursued this scientific approach to multiple realization with a precise theory and applications. This paper reviews the application of the Dimensioned approach to human color vision, addressing objections that have appeared in the literature.

As technology improves, artificial systems are increasingly able to behave in human-like ways: holding a conversation; providing information, advice, and support; or taking on the role of therapist, teacher, or counsellor. This enhanced behavioural complexity, we argue, encourages deeper forms of affective engagement on the part of the human user, with the artificial agent helping to stabilise, subdue, prolong, or intensify a person’s emotional condition. Here, we defend a fictionalist account of human/AI interaction, according to which these encounters involve an (...) elaborate practise of imaginative pretence: a make-believe in which the artificial agent is attributed a life of its own. We attend, specifically, to the temporal characteristics of these fictions, and to what we imagine artificial agents are doing when we are not looking at them. (shrink)

My main concern will be to show that it makes sense to speak of the rights of unborn generations against us, and that given the moral judgment that we ought to conserve our environmental inheritance for them, and its grounds, we might well say that future generations /do/ have rights correlative to our present duties toward them. Protecting our environment now is also a matter of elementary prudence, and insofar as we do it for the next generation already here in (...) the persons of our children, it is a matter of love. But from the perspective of our remote descendants it is basically a matter of justice, of respect for their rights. My main concern here will be to examine the concept of a right to better understand how that can be. (shrink)

This paper contributes to explaining the rise of logical empiricism in mid-twentieth century (North) America and to a better understanding of American philosophy of science before the dominance of logical empiricism. We show that, contrary to a number of existing histories, philosophy of science was already a distinct subfield of philosophy, one with its own approaches and issues, even before logical empiricists arrived in America. It was a form of speculative philosophy with a concern for speculative metaphysics, normative issues relating (...) to science and society and issues which later were associated with logical empiricist philosophy of science, issues such as confirmation, scientific explanation, reductionism and laws of nature. Further, philosophy of science was not primarily pragmatist in orientation. We also show, with the help of our historical characterization, that a recent account of the emergence of analytic philosophy applies to the rise of logical empiricism. It has been argued that the emergence of American analytic philosophy is partly explained by analytic philosophers’ use of key institutions, including of journals, to marginalize speculative philosophy and promote analytic philosophy. We argue that this use of institutions included the marginalization of speculative and value-laden philosophy of science and the promotion of logical empiricism. (shrink)

I defend a perceptual account of face-to-face mindreading. I begin by proposing a phenomenological constraint on our visual awareness of others' emotional expressions. I argue that to meet this constraint we require a distinction between the basic and non-basic ways people, and other things, look. I offer and defend just such an account.

I develop Tetsurō Watsuji’s relational model of the self as “betweenness”. I argue that Watsuji’s view receives support from two case studies: solitary confinement and dementia. Both clarify the constitutive interdependence between the self and the social and material contexts of “betweenness” that define its lifeworld. They do so by providing powerful examples of what happens when the support and regulative grounding of this lifeworld is restricted or taken away. I argue further that Watsuji’s view helps see the other side (...) of this deprivation, how reconstructing aspects of betweenness is, at the same time, a reconstruction of the self. I conclude by briefly indicating further consequences of this view. (shrink)

Willard V. Quine’s 1951 article, “Two Dogmas of Empiricism” (Two Dogmas) was taken to be revolutionary because it rejects the analytic-synthetic distinction and the thesis that empirical statements are confirmed individually rather than holistically. The present chapter, however, argues that the overcoming of modern philosophy already included the overcoming of these theses by Hegelians, pragmatists and two critics of Hegelianism and pragmatism, Grace and Theodore de Laguna. From this perspective, Two Dogmas offers a Hegelian epistemology that was already superseded in (...) 1910. The perspective is largely based on the de Lagunas’ 1910 book Dogmatism and Evolution: Studies in Modern Philosophy. The de Lagunas’ book also helps to make clear that the real revolution Two Dogmas participated in was the marginalisation of their work and that of other speculative philosophers. Grace de Laguna surely recognised much of this when she stood opposite Quine as he first presented Two Dogmas. (shrink)

At a House hearing on December 5, 2023, the presidents of three universities—Harvard, MIT, and the University of Pennsylvania—refused to state that certain kinds of hate speech, specifically calls for genocide of Jews, are prohibited on their campuses. The backlash against two of them, Harvard’s Claudine Gay and Penn’s Liz Magill, was swift and devastating; both of them were successfully pressured to resign. Still, while Professors Gay’s and Magill’s responses were widely criticized as tone-deaf, they were legally correct. At many (...) private, and all public, colleges and universities, even the worst hate speech is generally protected unless it is accompanied by aggressive, threatening, or violent conduct. -/- These “demotions” augur even worse consequences, including termination, for less powerful faculty who say the “wrong” thing, in particular statements in support of Trumpism, an increasingly mainstream ideology that stitches together white supremacy, misogyny, a preference for autocracy over democracy, and several phobias—homophobia, Islamophobia, transphobia, and xenophobia. The question I address in this paper is whether these consequences are constitutional at public schools. Whose right is stronger—a public-school teacher’s First Amendment right to express pro-Trumpist sentiments or a public school’s right to maintain a fair, inclusive, and welcoming learning environment? In this article, I argue that the public school has the upper hand here, that it is indeed constitutionally permitted to prohibit political hate speech that contributes to a hostile learning environment. Still, I narrowly limit this prohibition to dehumanizing speech—that is, speech explicitly suggesting that some human beings are “lesser”, intrinsically less valuable, than other human beings. -/- One objection to this position is that public schools may not prohibit any speech, no matter how dehumanizing, because such prohibition amounts to constitutionally impermissible viewpoint discrimination. I argue, however, that viewpoint discrimination is an integral part of education and therefore constitutionally permissible. Education necessarily involves promoting some values over others. These values fall into seven categories: constitutional principles, the humanist virtues, successful character traits and behaviors, knowledge and truth, art and beauty, health (both mental and physical), and social goods (such as justice, peace, and rule of law). (shrink)

The Life Worth Living investigates the exclusion of and discrimination against disabled people across the history of Western moral philosophy. -/- Table of Contents: Introduction: The Ableist Conflation. Part I: Pain. 1. Theories of Pain. 2. A Phenomenology of Chronic Pain. Part II: Disability. 3. Theories of Disability. 4. A Phenomenology of Multiple Sclerosis. Part III: Ability. 5. Theories of Ability. 6. A Phenomenology of Ability. Conclusion: An Anti-Ableist Future.

Katzav and Vaesen have argued that control by analytic philosophers of key journals, philosophy departments and at least one funding body plays a substantial role in explaining the emergence of analytic philosophy into dominance in the Anglophone world and the corresponding decline of speculative philosophy. They also argued that this use of control suggests a characterisation of analytic philosophy as, at the institutional level, a sectarian form of critical philosophy. I test these hypotheses against data about philosophy job hires at (...) key philosophy departments in the USA during the period 1930-1979, and against data about PhD completions during the period 1956-1965. I argue, further, that Katzav and Vaesen’s hypotheses can fully explain the data and are more fully able to do so than are some other key accounts of the emergence of analytic philosophy in the USA. (shrink)

I consider applications of “AI extenders” (Vold & Hernández-Orallo 2021) to dementia care. AI extenders are AI-powered technologies that extend minds in ways interestingly different from old-school tech like notebooks, sketch pads, models, and microscopes. I focus on AI extenders as ambiance: so thoroughly embedded into things and spaces that they fade from view and become part of a subject’s taken-for-granted background. Using dementia care as a case study, I argue that ambient AI extenders are promising because they afford richer (...) and more durable forms of multidimensional integration than do old-school extenders like Otto’s notebook. They can be tailored, in fine-grained ways along multiple timescales, to a user’s particular needs, values, and preferences — and crucially, they can do much of this self-optimizing on their own. I discuss why this is so, why it matters, and its potential impact on affect and agency. I conclude with some worries in need of further discussion. (shrink)

Testimony by disabled people concerning the relationship between their experiences and overall well-being has long been an object of social scientific and humanistic study. Often discussed in terms of “the disability paradox,” these studies contrast the intuitive horribleness of certain impaired states against the testimonial evidence suggesting that people in such states do not in fact experience their lives as horrible. Explanations for why such testimonial evidence is suspect range from claims about adaptive preferences to issues of qualitative research methodology. (...) In this paper, I argue that the problem lies not with the evidence, but the intuitions in question. Using the disability paradox as a case study, I further argue against the use of the concept of intuitive horribleness in social epistemology and beyond. I contend that testimonial and hermeneutical injustices are baked into most deployments of the concept, and even if one were to justify its use in select cases, it should be accompanied with prima facie suspicion. In conclusion, I discuss the implications of this analysis for the literature on transformative experience and also for the stakes of multi-cultural, historically informed philosophical inquiry more generally. (shrink)

I argue that Descartes' Second Causal Proof of God in the Third Meditation evidences, and commits him to, the belief that time is "strongly discontinuous" -- that is, that there is actually a gap between each consecutive moment of time. Much of my article attempts to reconcile this interpretation, the "received view," with Descartes' statements about time, space, and matter in his other writings, including his correspondence with various philosophers.

I argue for two propositions. First, contrary to the common wisdom, we may justly punish individuals who are not morally responsible for their crimes. Psychopaths – individuals who lack the capacity to feel sympathy – help to prove this point. Scholars are increasingly arguing that psychopaths are not morally responsible for their behavior because they suffer from a neurological disorder that makes it impossible for them to understand, and therefore be motivated by, moral reasons. These same scholars then infer from (...) this conclusion that they must also lack criminal responsibility and therefore that our continuing to punish psychopaths for their crimes is unjust. My response is that this inference is entirely fallacious. -/- Criminal responsibility turns out to be quite distinct from moral responsibility. The two kinds of responsibility require very different conditions to be satisfied. In particular, criminal responsibility, unlike moral responsibility, does not require an agent be able to grasp and follow moral reasons; it requires only that the individual be able to grasp and follow criminal laws. Once this point is recognized, it becomes much easier to accept my thesis: while the subset of psychopaths who commit crimes are not morally responsible for their criminal behavior because they cannot understand moral reasons, they are still criminally responsible because they can understand what the consequences will be if they get caught. For this reason, even though I concede that psychopaths are not morally responsible for the crimes that they commit, our practice of punishing them for these crimes is still just. -/- Second, I argue that psychopathy is a mental illness and should be recognized as such. One reason that it should be recognized as a mental illness is simply because it is; it satisfies the main criteria for inclusion in the DSM-IV, the “bible” of mental disorders. The other reason is more practical than conceptual. It starts with two facts: the U.S. Supreme Court has decided that the preventive detention of any individual who is not a criminal suspect is not constitutional unless the individual is not only dangerous but also mentally ill; and psychopathy is not currently considered to be a mental illness. So, as things now stand, we cannot preventively commit dangerous psychopaths – that is, psychopaths who have clearly indicated that they will be committing serious crimes. Instead, we must wait for them to commit the crimes before we can lock them up. Unfortunately, this incarceration always comes too late for the victims. It would therefore be better if we could lock them up before they actually inflict any harm. Once again, then, I propose that the legal and psychological communities classify psychopathy as a mental illness. (shrink)

Despite increasing interest in the work of Tetsuro Watsuji, his discussion of intentionality remains underexplored. I here develop an interpretation and application of his view. First, I unpack Watsuji’s arguments for the inherently social character of intentionality, consider how they connect with his more general discussion of embodiment and betweenness, and then situate his view alongside phenomenologists like Husserl, Heidegger, and Merleau-Ponty. Next, I argue that Watsuji’s characterization of the social character of intentionality is relevant to current discussions in phenomenological (...) psychopathology. I consider how it can help illuminate the character and structure of some anomalous experiences in schizophrenia. I argue further that this application can enrich existing attempts to connect Watsuji and psychopathology, such as those found in the work of the psychiatrist Bin Kimura. (shrink)

The COVID-19 (Coronavirus disease of 2019) pandemic has led to intense conversations about ventilator allocation and reallocation during a crisis standard of care. Multiple voices in the media and multiple state guidelines mention reallocation as a possibility. Drawing upon a range of neuroscientific, phenomenological, ethical, and sociopolitical considerations, the authors argue that taking away someone’s personal ventilator is a direct assault on their bodily and social integrity. They conclude that personal ventilators should not be part of reallocation pools and that (...) triage protocols should be immediately clarified to explicitly state that personal ventilators will be protected in all cases. (shrink)

Grace A. de Laguna was an American philosopher of exceptional originality. Many of the arguments and positions she developed during the early decades of the twentieth century later came to be central to analytic philosophy. These arguments and positions included, even before 1930, a critique of the analytic-synthetic distinction, a private language argument, a critique of type physicalism, a functionalist theory of mind, a critique of scientific reductionism, a methodology of research programs in science and more. Nevertheless, de Laguna identified (...) herself as a defender of the speculative vision of philosophy, a vision which, in her words, “analytic philosophy condemns.” I outline her speculative vision of philosophy as well as what is, in effect, an argument she offers against analytic philosophy. This is an argument against the view that key parts of established opinion, e.g., our best theoretical physics or most certain common sense, should be assumed to be true in order to answer philosophical questions. I go on to bring out the implications of her argument for the approaches to philosophy of Bertrand Russell, Willard V. Quine and David Lewis, and I also compare the argument to recent, related arguments against analytic philosophy. I will suggest that de Laguna offers a viable critique of analytic philosophy and an alternative approach to philosophy that meets this critique. (shrink)

I respond to the commentaries on 'Grace de Laguna's Analytic and Speculative Philosophy' offered by Peter Olen [2023], Trevor Pearce, Anthony Fisher, Marguerite La Caze and Frederique Janssen-Lauret. In doing so, I bring out some of the value of de Laguna’s perspectivism and of her treatment of modality. I also further clarify how she departs from pragmatism and from analytic philosophy, and how she relates to continental philosophy.

In this Article, I will argue that a person may be deserving of criminal punishment even in certain situations where she is not necessarily morally responsible for her criminal act. What these situations share in common are two things: the psychological factors that motivate the individual’s behavior are environmentally determined and her crime is serious, making her less eligible for sympathy and therefore less likely to be acquitted. -/- To get to this conclusion, I will proceed in four steps. In (...) Part II, I will offer the first two of these steps. First, I will argue that our foundational assumption that moral responsibility is necessary for just blame and punishment is not self-evident and is actually rather difficult to explain and justify. Second, I will offer an explanation and justification that appeals to our moral psychology. Specifically, I will argue that we subscribe to this assumption ultimately because we sympathize with agents who lack responsibility for their actions. -/- Third, in Part IV, I aim to show that even if moral responsibility is not conceptually — only “emotionally” — necessary for just blame and punishment, the traditionally recognized criminal excuses are not at risk because, contrary to popular wisdom, they do not really rely on this assumption to begin with. Instead, they stand less for the metaphysical proposition that we should refrain from blaming and punishing the non-responsible and more for the normative/ethical proposition that we should refrain from blaming and punishing those whom we cannot reasonably expect to have acted better. I will further argue that the latter proposition does not necessarily reduce to the former. -/- Fourth, once I have defended my account of the excuses, I will question in Parts V and VI the increasingly popular notion that we should add certain conditions or circumstances to the list of recognized excuses. I will focus on one in particular — the psychological theory of “situationism” — and will argue that, despite its initial plausibility, it should be kept off the list. While situationism arguably does negate moral responsibility, it does not negate criminal responsibility. -/- Of course, this is a controversial point. Criminal responsibility is almost universally thought to require moral responsibility. But in a previous article, "Dangerous Psychopaths: Criminally Responsible But Not Morally Responsible, Subject to Criminal Punishment And to Preventive Detention," 48 San Diego L. Rev. 1299, I used personality psychology to drive a wedge between the two. In this article, I will use the opposite end of the psychological spectrum — social psychology — to drive the same important wedge. (shrink)

Peter Baumann uses the Monty Hall game to demonstrate that probabilities cannot be meaningfully applied to individual games. Baumann draws from this first conclusion a second: in a single game, it is not necessarily rational to switch from the door that I have initially chosen to the door that Monty Hall did not open. After challenging Baumann's particular arguments for these conclusions, I argue that there is a deeper problem with his position: it rests on the false assumption that what (...) justifies the switching strategy is its leading me to win a greater percentage of the time. In fact, what justifies the switching strategy is not any statistical result over the long run but rather the "causal structure" intrinsic to each individual game itself. Finally, I argue that an argument by Hilary Putnam will not help to save Baumann's second conclusion above. (shrink)

Disclosure of true but reputation-damaging information is generally legal. But threats to disclose true but reputation-damaging information unless payment is made are generally criminal. Many scholars think that this situation is paradoxical because it seems to involve illegality mysteriously arising out of legality, a criminal act mysteriously arising out of an independently legal threat to disclose conjoined with an independently legal demand for money. -/- But this formulation is not quite right. The real paradox raised by the different legal statuses (...) of blackmail threats to disclose and disclosure itself involves a contradiction between our strong intuition that blackmail threats should be criminal and some equally strong arguments, all of which depend on the fact that disclosure is legal, that blackmail threats should be legal. So an adequate solution to the real Blackmail Paradox requires us either to drop the intuition or to refute the pro-legalization arguments. -/- This Article will adopt the latter approach. It will explain why the six main arguments for legalizing blackmail threats all fail. In the course of refuting one of these arguments, it will also offer a novel positive justification for criminalizing blackmail threats: they should be criminal for the same reason that menacing, harassment, and stalking are criminal--namely, because they involve the reasonable likelihood, and usually the intent, of putting the victim into a state of especially great fear and anxiety. -/- Of course, one might object that disclosure itself is likely to have the same effect, if not malicious purpose. Yet, again, it is still legal. But this point shows only that we as a society value freedom of speech more than we value freedom from infliction of emotional injury. It does not show that we do not value freedom from infliction of emotional injury sufficiently to protect it when competing moral or institutional interests such as freedom of speech are not at stake. (shrink)

This Article falls into three general parts. The first part starts with an important question: is the insanity defense constitutionally required? The United States Supreme Court will finally try to answer this question next term in the case of Kahler v. Kansas. -/- I say “finally” because the Court refused to answer this question in 2012 when it denied certiorari to an appeal brought by John Joseph Delling, a severely mentally ill defendant who was sentenced to life in prison three (...) years earlier for two murders. Delling never had the opportunity to plead the insanity defense because his home state, Idaho, had abolished it in 1982. -/- By depriving Delling of the right to plead insanity, Idaho violated Delling’s Fourteenth Amendment right to due process and his Eighth Amendment right against “cruel and unusual” punishment. Naturally, the same is true for many other mentally ill and disabled defendants who have been prosecuted in Idaho and in the other three states that have abolished the insanity defense: Kansas, Montana, and Utah. -/- The second general part of this Article notes an insight that I stumbled upon in the course of researching the first part: the insanity defense and the mistake of law defense both require ignorance of the law, what I refer to as “normative ignorance.” Indeed, normative ignorance is what makes both of these defenses exculpatory in the first place. -/- Given this critical connection, there is a way for Idaho, Kansas, Montana, and Utah to resume compliance with the Constitution. Instead of reinstating the insanity defense per se, which might be politically unpopular, they should just broaden their mistake of law defense to include normative ignorance caused by cognitive incapacity that is itself caused by mental illness or disability. -/- Still, this Article is not merely directed at these four western states. It is directed at the other forty-six states as well. Because they already have an insanity defense, they need not incorporate it into their mistake of law defense. But in the third general part, I will argue that they should still expand their mistake of law defense to cover defendants who either lack a reasonable opportunity to learn the law or reasonably but mistakenly infer from widely accepted norms or ethics that their conduct is lawful. (shrink)

This paper is an exploration of how we do things with music—that is, the way that we use music as an esthetic technology to enact micro-practices of emotion regulation, communicative expression, identity construction, and interpersonal coordination that drive core aspects of our emotional and social existence. The main thesis is: from birth, music is directly perceived as an affordance-laden structure. Music, I argue, affords a sonic world, an exploratory space or nested acoustic environment that further affords possibilities for, among other (...) things, (1) emotion regulation and (2) social coordination. When we do things with music, we are engaged in the work of creating and cultivating the self, as well as creating and cultivating a shared world that we inhabit with others. I develop this thesis by first introducing the notion of a musical affordance . Next, I look at how emotional affordances in music are exploited to construct and regulate emotions. I summon empirical research on neonate music therapy to argue that this is something we emerge from the womb knowing how to do. I then look at social affordances in music, arguing that joint attention to social affordances in music alters how music is both perceived and appropriated by joint attenders within social listening contexts. In support, I describe the experience of listening to and engaging with music in a live concert setting. Thinking of music as an affordance-laden structure thus reaffirms the crucial role that music plays in constructing and regulating emotional and social experiences in everyday life. (shrink)

Recently a number of scientists have proposed substantial changes to the practice of climate modeling, though they disagree over what those changes should be. We provide an overview and critical examination of three leading proposals: the unified approach, the hierarchy approach and the pluralist approach. The unified approach calls for an accelerated development of high-resolution models within a seamless prediction framework. The hierarchy approach calls for more attention to the development and systematic study of hierarchies of related models, with the (...) aim of advancing understanding. The pluralist approach calls for greater diversity in modeling efforts, including, on some of its variants, more attention to empirical modeling. After identifying some of the scientific and institutional challenges faced by these proposals, we consider their expected gains and costs, relative to a business-as-usual modeling scenario.We find the proposals to be complementary, having valuable synergies. But since resource limitations make it unlikely that all three will be pursued, we offer some reflections on more limited changes in climate modeling that seem well within reach and that can be expected to yield substantial benefits. (shrink)

In this article, we describe a hitherto undocumented fallacy-in the sense of a mistake in reasoning-constituted by a negativity bias in the way that people attribute motives to others. We call this the "worst-motive fallacy," and we conducted two experiments to investigate it. In Experiment 1, participants expected protagonists in a variety of fictional vignettes to pursue courses of action that satisfy the protagonists' worst motive, and furthermore, participants significantly expected the protagonist to pursue a worse course of action than (...) they would prefer themselves. Experiment 2 was a preregistered attempted replication of Experiment 1, including a bigger range of vignettes; the first effect was not replicated for the new vignettes tested but was for the original set. Also, we once again found that participants expected protagonists to be more likely than they were themselves to pursue courses of action that they considered morally bad. We discuss the worst-motive fallacy's relation to other well-known biases as well as its possible evolutionary origins and its ethical consequences. (shrink)

Libertarians like Robert Kane believe that indeterminism is necessaryfor free will. They think this in part because they hold both (1) thatmy being the ultimate cause of at least part of myself is necessary forfree will and (2) that indeterminism is necessary for this ``ultimateself-causation''. But seductive and intuitive as this ``USCLibertarianism'' may sound, it is untenable. In the end, nometaphysically coherent (not to mention empirically valid) conception ofultimate self-causation is available. So the basic intuition motivatingthe USC Libertarian is ultimately (...) impossible to fulfill. (shrink)

I offer an account of the ontology of emotions and their expressions, drawing some morals for the view that we can perceive others' emotions in virtue of seeing their expressions.

This chapter offers the beginning of an enactive account of auditory experience—particularly the experience of listening sensitively to music. It investigates how sensorimotor regularities grant perceptual access to music qua music. Two specific claims are defended: (1) music manifests experientially as having complex spatial content; (2) sensorimotor regularities constrain this content. Musical content is thus brought to phenomenal presence by bodily exploring structural features of music. We enact musical content.

In his paper "Why a Class Can't Change Its Members," Richard Sharvy appears to establish the impossibility of the existence of a variable class—that is, a class that at one time has a member that is not a member of it at another time. I first indicate the importance of Sharvy's argument for our understanding of the concept of identity in the contexts of time and modality, and I summarize his argument. Sharvy says that a class C that has one (...) (non-variable) group of members at t2 and another (nonvariable) group of members at t2 would be identical with both the class C1 that always has the first group as members and the class C2 that always has the second group as members. This is an impossibility, since in general, one thing cannot be identical with two.I then criticize Sharvy's argument by pointing out a weakness in the defense of the claim that C = C1 and C = C2. This weakness is due to an ambiguity in Sharvy's Principle of Extensionality. (shrink)

Experimental results on the Ellsberg paradox typically reveal behavior that is commonly interpreted as ambiguity aversion. The experiments reported in the current paper find the objective probabilities for drawing a red ball that make subjects indifferent between various risky and uncertain Ellsberg bets. They allow us to examine the predictive power of alternative principles of choice under uncertainty, including the objective maximin and Hurwicz criteria, the sure-thing principle, and the principle of insufficient reason. Contrary to our expectations, the principle of (...) insufficient reason performed substantially better than rival theories in our experiment, with ambiguity aversion appearing only as a secondary phenomenon. (shrink)

A family of recent externalist approaches in philosophy of mind argues that our psychological capacities are synchronically and diachronically “scaffolded” by external resources. I consider how these “scaffolded” approaches might inform debates in phenomenological psychopathology. I first introduce the idea of “affective scaffolding” and make some taxonomic distinctions. Next, I use schizophrenia as a case study to argue—along with others in phenomenological psychopathology—that schizophrenia is fundamentally a self-disturbance. However, I offer a subtle reconfiguration of these approaches. I argue that schizophrenia (...) is not simply a disruption of ipseity or minimal self-consciousness but rather a disruption of the scaffolded self, established and regulated via its ongoing engagement with the world and others. I conclude by considering how this scaffolded framework indicates the need to consider new forms of intervention and treatment. (shrink)

Affordances are action-possibilities, ways of relating to and acting on our world. A theory of affordances helps us understand how we have bodily access to our world and what it means to enjoy such access. But what happens to bodies when this access is somehow ruptured or impeded? This question is relevant to psychopathology. People with psychiatric disorders often describe feeling as though they’ve lost access to affordances that others take for granted. Focusing on schizophrenia, depression, and autistic spectrum disorder, (...) I argue that thinking about the bodily consequences of losing access to everyday affordances can help us better understand these reports. An affordance-based approach to psychopathology can illuminate some of the causes, as well as the experiential character and content, of affective disorders in psychopathology. It can also draw our attention to some under-explored ethical and political dimensions of these issues needing further consideration. (shrink)